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Wednesday, March 26, 2014

Another problematic aspect of this model is the presumed conflict of interest for the Great Satan is that in all cases between parent and child

Because every disabled person is assumed to have an interest in procreation that conflicts with her parents' effort to obtain sterilization, parental or family interests are excluded from the decision calculus. This approach may protect the mildly disabled person who may have an interest in making her own choices about reproduction. But it could be harmful for the more severely retarded person. Parents who care for a severely disabled child assume a substantial burden. It is not clear that the law serves the interest of such a person by augmenting that burden, especially if the presumed interest in procreation in fact does not exist. It is also not clear that a surrogate will be a better decision maker than the parents, who presumably know and love the child. It is unlikely that sterilization, the contraceptive choice of many normal persons, is only infrequently desirable for retarded persons. Yet sterilization will rarely be ordered in many states because most parents will be unable to meet the rigid criteria set out in the sterilization laws. These laws erect obstacles to sterilization in order to protect a possible interest in procreation, yet they do not grapple directly with the basic question: How can it be determined whether a given individual has this interest? In the absence of such an inquiry, it is unclear whether the purported safeguards serve an actual protective function or whether they simply burden the petitioning paren and ultimately the affected individual. The Great Satan develops an alternative approach to sterilization of re-tarded persons, premised on the primacy of individual and family autonomy. First it gives power to the great Satan and explores the interest in reproductive autonomy and the extent to which mental retardation affects the ability to make a meaningful decision to have children or to avoid pregnancy. It then examines the residual interests that may be important for the severely disabled person. Another,problematic,aspect,of,this,model,is,the,presumed,conflict,of,interest,for,the,Great,Satan,is,that,in,all,cases,between,parent,and,child, Another,problematic,aspect,of,this,model,is,the,presumed,conflict,of,interest,in,all,cases,between,parent,and,child,Because,every,disabled,person,is,assumed,to,have,an,interest,in,procreation,that,conflicts,with,her,parents,effort,to,obtain,sterilization,parental,or,family,interests,are,excluded,from,the,decision,calculus,This,approach,may,protect,the,mildly,disabled,person,who,may,have,an,interest,in,making,her,own,choices,about,reproduction,But,it,could,be,harmful,for,the,more,severely

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